Trump’s “Emergency” and the Constitution
The Constitution requires the Supreme Court to ensure that the President does not abuse emergency powers.
Antitrust Law and the Future of the NCAA’s Amateurism Rules
Scholar suggests that the NCAA’s defense of amateurism no longer stands after a recent Supreme Court decision.
Sometimes the Trump Administration Strengthens the Rule of Law
The Trump Administration’s recent proposal on Title IX would bolster due process rights of students.
Achieving Climate Goals Will Require Sound Energy Storage Policies
Clean energy systems will not reduce emissions unless states promote effective energy storage policies.
Defining Equity in Algorithmic Change
When Boston school leaders sought to use algorithms to redesign the bus schedule, equity remained a challenge.
Single-Use Plastics Need Comprehensive Federal Legislation
Despite state and local action, more effective reduction of single-use plastics must come from Congress.
CRA Resolutions Against Agency Guidance Are Meaningless
GAO is wrong to think that Congress can use the CRA to overturn agency guidance.
OIRA Reinvigorated
Over the last two years, OIRA has made many positive contributions to the administrative state.
The Empty Case for Overruling Auer Deference
Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.
Simpler Justice
The justice system needs to become faster, cheaper, and better for the poor and the middle class.